QUESTION

Can I sue a shipping company for not honoring an insurance claim?

Asked on Dec 13th, 2018 on Breach of Contract - Hawaii
More details to this question:
I sent my belongings from a shipping store in the USA to Mexico where I'll be living for the next 6 months. I got extra insurance on one box and the other boxes had $500 of insurance included. The boxes were packed by me with plenty of bubblewrap but had to be repacked by the store and then again after customs inspection in Mexico. I was present for the inspection and customs did not damage anything. It had to be repacked AGAIN by the shipping company to assess a value for customs. Each time they packed my stuff, it was done badly and as a result, my belongings are damaged. My insurance claim was denied on the basis of not having double walled boxes or enough bubblewrap. Nobody told me when I sent it that the boxes were inadequate. The problem was that they repacked items without the included bubblewrap around them. I spent $75 on bubblewrap so it was more than enough. Again, the shipping store, and the same shipping company repacked my boxes badly, and insurance was denied. Can I sue?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The answer to "can I sue?" is always yes, at least in the U.S (although you may have to arbitrate if you insurance policy has an arbitration clause).  There is no guarantee that you will win, however.
Answered on Dec 14th, 2018 at 11:58 AM

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